6.13. SR 04-17-2006
City of Elk River
REQUEST FOR COUNCIL ACTION
Agenda Section Meeting Date
Plannin A ril17, 2006
Item Description
Consider a Resolution to vacate a Perpetual Bank Protection
Maintenance Easement
Item Number
6.13.
Prepared by
Scott Harlicker, Senior Planner .
Reviewed by
Scott Clark, Community Development
Director
Introduction
The request is to vacate a "Perpetual Bank Protection Maintenance Easement" along the Mississippi
River. The easement includes a portion of the Bluff Block and extends along the river southeast of
County Road 42 (parrish Avenue bridge).
Discussion
The existing easement encroaches into the building area for the Bluff Block. The easement was put in
place prior to the Shoreland Ordinance and the Wild and Scenic Ordinance to protect the river bank and
to allow the city to perform maintenance. By vacating this easement, the development of the Bluff Block
can continue without this encumbrance. The Wild and Scenic Ordinance supersedes the language of this
easement and addresses concerns covered by the easement. No river protection strategies will be lost by
vacating this easement
Financial Impact
N/A
Attachments
Location Map
Memo from Rebecca Haug, Environmental Administrator
Description of Easement
Resolution No. 06-
Action Requested
The Council adopt the attached Resolution No. 06-
Maintenance Easement.
vacating the Perpetual Bank Protection
S: \pLANNING \ Case Files \2006 \EV\EV 06-02 Bluff Block \RCAEV06-02cc4-17.doc
Council Action Motion by _ Second by _ Vote _
Follow Up
s: \PLANNING \ Case Files \2006\EV\EV 06-02 Bluff Block\RCAEV06-02cc4-17 .doc
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Case Number: EV 06-02
CITY OF ELK RIVER
MEMORANDUM
TO:
FROM:
Scott Harlicker, Senior Planner
Rebecca Haug, Environmental Administrator t1r'
DATE:
March 30, 2006
SUBJECT:
The Bluffs of Elk River Easement Language
This is in response to the Easement Language for the Bluffs of Elk River. The language in
this easement is not applicable to the Wild and Scenic Ordinance. The Wild and Scenic
Ordinance supersedes the language for this area so concerns about c1earcutting, grading,
etc would be addressed through the ordinance.
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Subdivision No.4, 1h 1 lies South of Lols I\. and 5. Block
~rly or the WeSLE!rly r gill of way line of the stref.l leading
os above described nd lhut lies easterly of lh1 southerly
{ '1., Village of Elk t I c\ to the Mississippi Hiver.
'ol'erty. however, the followln - 'bed parcel: All lhol
Elk Riwo<, lying norl eoslorly of [he'd ,"cribed
ne of Lot 4, a disl lee or 34 feeL west of "If Jst
inlersect the Soulh line of Lot 5, Block 4, ViII()ge of E <
Ie South line of soi Lot 5, wilh the West line of lhe
s51ssippi fliver, os lOre fully descrlbod abOVe,!
No.4, according tf the recorded pial thereof,
y of tile southerly . xtension of the Eost line pf Lot 2,
lhe recorded plot thereof, and lying easterly lof [he
e Cost 5(3.50 (nel of said lot 2.
@ Denoles :
RESOLUTION 06 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING A PERPETUAL BANK PROTECTION
MAINTENANCE EASEMENT
Case No. EV 06-02
WHEREAS, the City of Elk River has requested the City Council in a petition dated
March 31, 2006 to vacate such easements according to law; and,
WHEREAS, a public hearing was held on April 17, 2006, before the City Council at the
Elk River City Hall on such petition after due published and posted notice
had been given as well as personal notice to affected property owners on
April 6, 2006 and all persons interested were given an opportunity to be
heard; and,
WHEREAS, it appears that it will be in the best interest of the City to approve such
petition.
NOW, THEREFORE, BE IT RESOLVED that such petition is hereby granted and
the perpetual bank protection maintenance easement described as follows is
hereby vacated:
Exhibit A
Adopted by the Elk River City Council this 17th day of April, 2006.
Stephanie Klinzing, Mayor
ArrEST:
Joan Schmidt, City Clerk
EXHIBIT A
Beginning at the center of the manhole in the main trunk line of the sanitary sewer running
along the bank of the Mississippi River, which manhole is located South 11 degrees west
(assumed bearing) on a line parallel with and 34 feet west of the east line of Lot 4, Block 4,
Village of Elk River; thence south 11 degrees west a distance of 120 feet; thence angle left
82 degrees along the DKO of the Mississippi River for a distance of 470 feet; thence angle
left 72 degrees a distance of 125 feet, more or less, to the southerly right-of-way line of the
east bound lane of Highway 10/52; thence northwesterly along said east bound lane to an
intersection with the southerly line of Main Street in the Village of Elk River; thence west
along said southerly line of Main Street to an intersection with a line parallel with the
. centerline of the bridge and 20 feet east therof; thence southerly parallel with and 20 feet
east of said centerline of bridge to an intersection with a line run at right angles to the east
line of said Lot 4, Block 4, through a point that is 30 feet north, 31 degrees east of the
centerline of said line run north 11 degrees east through the center of said manhole; thence
south 11 degrees west to the center of said manhole and there terminating